We Are Lacavalaw. Bay Area Bankruptcy Lawyers

In a rush? well, we'll get to the point. Our offices can complete your bankruptcy and get your case filed in one afternoon. We have filed hundreds of same day bankruptcies for people just like you. If you need to stop a foreclosure sale, a garnishment or a withholding, and time is up, we can help. In one afternoon your case will get filed. Phew!

Mortgage Lien Stripping.

One of the advantages available to you in Chapter 13 bankruptcy is what is known as lien stripping. Say that the value of your home is $100,000.00 and you have a first mortgage for $200,000.00 and a second mortgage for $50,000.00. Such a home is commonly described as being underwater because the value of your home is less than the amount of your first mortgage. If you are in this situation, it may be possible for our offices to allow your bankruptcy to include a lien stripping. This would erase your second mortgage completely and you would no longer owe any money on the second!

When Will My Second Mortgage Be Removed?

Your second mortgage — and your third, fourth, etc. — will be considered a nonpriority unsecured debt when we file your case. What? Ok... here's what this means to you in bankruptcy. Just like, say, credit card debt, in Chapter 13 you will make small payments toward this debt through your Bankruptcy Plan. When you complete your plan — usually the court extends your time to pay what you can to five years, anything unpaid on the mortgage is wiped out. So… when you file Chapter 13, right away you stop making your second mortgage payments! At the end of your bankruptcy, your second mortgage lien will be removed from your house no matter what you owe on it.

Lacavalaw is on social media to make it easier for you to keep in touch with us.

You would probably be surprised, but twitter is quite useful for things like updating your contact information, or letting our offices know when traffic is holding you up. If you are not a client, that's cool, say 'hi' or ask us anything you want. It is also useful to see where your attorney is today! #amiright

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Get in touch with us 24 - 7. Ask us anything about bankruptcy, or about setting up a free consultation, or we can chat on the phone for a few, whatever. If you are in a jam, this is where you can contact us at anytime of the day or night. We're cool & we're here to help.

Emergency? Text us 24-7

Your debts may fall into one of four types: Priority, Secured, Unsecured Non-Priority, and Special.

Certainly you don't have to know the difference between types of debt. That's why you hire a skilled bankruptcy attorney. In your consultation, we will answer any questions about your debts; including type and how much you could expect to pay towards the debt in a Chapter 7 or 11 or 13. Nonetheless, it's good to be informed:

Priority Debts.

Your Priority Debts typically include your taxes if they are less than 3 years old, and some kinds of spousal and child support payments which are past due.

Secured Debts.

Your Secured Debts could include mortgage loans, car loans, and furniture and jewelry loans. If any of your property is used as collateral for a loan, then the debt is one of your secured debts. If someone you owe has recorded a lien against your property then that debt is also secured. You may be able to wipe out this type of lien in Chapter 13 or 11 bankruptcy.

If you're behind on your Mortgage payments, your Chapter 13 or 11 Plan will repay your missed Mortgage payments up to the date you file for Chapter 13 or 11.

Unsecured Non-Priority Debts.

Your Unsecured Non-Priority Debts could include your taxes from more than 3 years ago, your credit card debt, medical bills, and any personal loans you owe.

Some Debts Are Special.

In Chapter 13 or 11 you are telling the court that you cannot afford to pay back all the money you owe, but if you were to pay some of your debt, then you would be able to get back on your feet again. So with most of your debt, you will be paying a fraction of what you owe. There are some kinds of debt, however, which require you pay them in full through your Bankruptcy Plan. When your bankruptcy is over remaining unpaid debt will not be forgiven. Typically these types of debt may include, but are not limited to:

* Some of your student loans.
* Specific child support payments.
* Specific spousal support payments.
* Court ordered restitution.
* Criminal fines.
* Debts which resulted from a drunk driving incident.
* Most of your recent taxes which are less than 3 years old will have to be paid in full but with no accruing interest or penalties.

There are about 8 general steps in a bankruptcy that require action on your part. In total, however, there are actually many, many other steps, but these are taken by Lacavalaw for you. When we represent you in your bankruptcy, we complete and submit your petitions, court filings, respond to your creditors, etc., and we always attend hearings with you, or appear on your behalf, through the length of your bankruptcy.

We will ask you about 20 questions over the phone. The goal is to determine if we can represent you, and based upon the information you give, we will offer you an estimate for the cost of your bankruptcy.

You will be asked to collect some basic documents about your earnings, home, and any letters or notices you have received from people you owe. Some we will get for you as part of your bankruptcy - like a current copy of your 3 credit reports, but most documents you probably already have, like your tax returns, and pay stubs.

After your phone interview, we can schedule an appointment for your Free Consultation. Available times are usually Monday through Thursday 9:00AM to 6:00PM, Friday 10:00AM to 5:00PM, and Saturday mornings or afternoons; If you need another time or location, it's cool, we're flexible.

Your initial consultation with our office is free. In this meeting you may ask any questions you like and the attorney will advise you about your options, and choices. Our attorney is an expert with current bankruptcy laws & regulations and has many years of experience. You can see if bankruptcy makes sense for you with no pressure and no obligation.

You may take as long as you wish to make a decision. Maybe bankruptcy is an option only if your situation worsens, but things have a good chance of getting better. In such situations you may have time on your side. In other cases, you may choose to seek bankruptcy relief sooner rather than later. The choice is yours to make in the time you need.

Once you are ready to start the process we will go over our promise to you. Unlike high-volume bankruptcy processors, we take care of everything – court appearances, dealing with your creditors, and all the filings with the court. The information that you bring to your free consultation should be everything we need.

Credit Councelling is required by law, but don't worry we have it available online so you can complete it without a fuss.

Your Meeting of Creditors is normaly the only court proceeding you will attend. We will attend other court appearances on your behalf.

In Chapter 7, 60 days following your bankruptcy hearing you will receive a discharge order from the court which will wipe out your debts and you will be totally debt free. In Chapter 13 or Chapter 11, your debts are totally cleared following the completion of your scheduled repayment plan; normally about five years.

OK... where to begin? ... Let's just put it out there; If you are in trouble, there are people, companies, organizations, non-profits, agencies, etc., etc. which see you as their opportunity to make money. You have to take care, do your homework, and be careful. Debt Settlement Companies might give advice on how to deal with your bills or create a plan for repaying your creditors, but the FEDERAL TRADE COMMISSION notes that debt settlement has risks. It also assumes that you have years to spend living with your debts. Before you go down such a path, investigate complaints and proper licensing of the debt settlement company with the State Attorney General and the Consumer Protection Agency.

Make sure you get debt settlement companies to put in writing: costs, what your debt will be at the end, and how long it will take to become debt free. Check to see if what they say is different than what they put writing, and read each contract carefully.

Credit counseling organizations are non-profits, so they can't do anything but help, right? Nope, not true. 'Be aware that “non-profit” status doesn’t guarantee that services are free, affordable, or even legitimate.'

This is harsh, but truth is, no legitimate organization will loan you money if you have bad credit. But this doesn't mean that loans are hard to come by. Some loans are dangerous, likely preditory, and 'Advance Fee Loans' may be illegal.

So... one last thing. Beware of anything you get in the mail which promises to repair your credit. It is very likely you are looking at a mass marketing Credit Repair Scam.

How Bankruptcy Works Monthly Budget Form Maps To Creditor Meeting Locations Contact Information For Your Trustee

Our Privacy Policy: It's simple. We don't track you, we don't use cookies, we don't sell or share your info. We will contact you to set up your consultation, but that's it. We won't contact you for any other reason, we won't add you to our email list, we won't call to bother you in the future. The only information collected on this site is collected from the Free Consultation Form in the fields you choose to enter for the sole purpose of setting up a consultation.
We respect your privacy. :)

LACAVALAW, Richard A. La Cava & The Affordable Bankruptcy Center represent clients throughout Northern California, San Francisco Bay Area, North Bay and East Bay, including the counties of Alameda, Contra Costa, Marin County, San Francisco, Napa, Sonoma, San Mateo and Santa Clara.

Our offices can best help you if you live or work near San Francisco, San Mateo, Redwood City, San Bruno, Daly City, Millbrae, Emeryville, El Cerrito, Foster City, Hillsborough, San Jose, Oakland, Berkeley, Richmond, Hayward, Castro Valley, Pleasanton, Walnut Creek, Concord, Mill Valley, Sausalito, Petaluma, Santa Rosa and Martinez.